R. v. Fedan

R. v. Fedan

Given the aggravating factors — dual deaths, significant alcohol consumption before the collision, pattern of dangerous driving shortly before the crash, and failure to ensure seatbelt use — which outweighed mitigating factors (notably lack of relevant criminal record), the offender's moral blameworthiness fell...

Source-derived case information.

Citation
2014 BCSC 2586
Parties
Crown: Regina; Accused: Wayne Rodney Fedan
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
31 October 2014
Procedural Posture
Criminal Dangerous Driving Causing Death / Sentencing
Outcome
Accused convicted of dangerous driving causing death and sentenced to three years' imprisonment; acquitted of impaired driving and over-limit driving charges due to Charter breach excluding blood evidence.
Legal Topics
Dangerous Driving Causing Death, Sentencing Principles, Driving Prohibition, DNA Order, Charter Breach Exclusion of Blood Evidence
Source Language
english
Criminal Law Road Traffic Law Sentencing Law Evidence (charter) Dangerous Driving Causing Death Sentencing Principles Driving Prohibition DNA Order +1 more

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Parties

Regina

Crown

Wayne Rodney Fedan

Accused

Procedural Posture

Criminal Dangerous Driving Causing Death / Sentencing

Legal Issues

  1. 1 Appropriate sentence for dangerous driving causing death
  2. 2 Admissibility and role of intoxication evidence at sentencing despite Charter exclusion of blood evidence
  3. 3 Whether driving prohibition and DNA order should be imposed

Ratio Decidendi

Given the aggravating factors — dual deaths, significant alcohol consumption before the collision, pattern of dangerous driving shortly before the crash, and failure to ensure seatbelt use — which outweighed mitigating factors (notably lack of relevant criminal record), the offender's moral blameworthiness fell toward the higher range of comparable cases; a three-year federal custodial sentence, a three-year driving prohibition, a DNA order, and waiver of the victim surcharge constituted a proportionate and fit sentence.

Court Disposition

Accused convicted of dangerous driving causing death and sentenced to three years' imprisonment; acquitted of impaired driving and over-limit driving charges due to Charter breach excluding blood evidence.

Orders

  • Three years' imprisonment to be served in a federal penitentiary
  • Three-year driving prohibition under the Criminal Code and provincial legislation